Baldwin v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Travis. Tried below before Hon. A. S. Walker, County Judge. Appeal from a conviction for libel; penalty, a fine of $200. A motion was made by the Assistant-Attorney General to strike the statement of facts from the record, because the same had not been approved by the trial judge, nor properly and legally filed in the lower court.
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Appeal from the County Court of Travis. Tried below before Hon. A. S. Walker, County Judge. Appeal from a conviction for libel; penalty, a fine of $200. A motion was made by the Assistant-Attorney General to strike the statement of facts from the record, because the same had not been approved by the trial judge, nor properly and legally filed in the lower court. Appellant made a counter-motion for certiorari to perfect the record with regard to said statement, and the following papers were filed in response to the certiorari, viz: “Austin, Texas, April 27, 1898.—The statement of facts in case…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of libel, and his punishment assessed at a fine of $200; hence this appeal.
Appellant made a motion to quash the information: “First, because said information fails to allege that the said acts of the defendant were libelous; second, said information fails to allege that the acts of the defendant were wickedly committed; third, that said information fails to allege any offense against the penal laws of the State.” It is not necessary to allege the matters stated in the first two grounds of the motion. No special ground is pointed out under the third…
2Cases cited4 opinions
- Bigham v. StateCourt of Criminal Appeals of Texas · 1896
- Hanners v. McClellandSupreme Court of Iowa · 1888
- Prieto v. StateCourt of Criminal Appeals of Texas · 1895
- Wilson v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by20 opinions
- Wells Fargo & Co. v. BenjaminCourt of Appeals of Texas · 1914
- Green v. StateCourt of Criminal Appeals of Texas · 1906
- Downing v. StateCourt of Criminal Appeals of Texas · 1911
- White v. EppersonCourt of Appeals of Texas · 1903
- Zysman v. StateCourt of Criminal Appeals of Texas · 1901
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